Perkins Engines Company Ltdv Ghaddar & Anor (Rev 1)

Perkins Engines Company Ltdv Ghaddar & Anor (Rev 1)

The phrase 'reciprocal enforcement procedures between the United Kingdom and Lebanon' in Clause 23.6 requires a binding bilateral or multilateral treaty for enforcement of judgments; as no such treaty exists, the arbitration agreement is engaged and the Lebanese proceedings are in breach, entitling PECL to an anti-suit injunction.

Parties
Applicant/claimant: Perkins Engines Company Limited; Respondent/defendant: Mohammed Samih Hussein Ghaddar; Respondent/defendant: Ghaddar Machinery Co. S. A. L.
Jurisdiction
England and Wales
Judgment Date
08 June 2018
Procedural Posture
Arbitration Claim / Application for Interim Anti Suit Injunction / Judgment on Application for Interim Anti Suit Injunction
Outcome
Application granted
Legal Topics
Anti Suit Injunctions, Arbitration Agreements, Jurisdiction Clauses, Enforcement of Foreign Judgments, Contractual Interpretation
Arbitration Contract Law International Commercial Law Anti Suit Injunctions Arbitration Agreements Jurisdiction Clauses Enforcement of Foreign Judgments Contractual Interpretation

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Parties

Perkins Engines Company Limited

Applicant/claimant

Mohammed Samih Hussein Ghaddar

Respondent/defendant

Ghaddar Machinery Co. S. A. L.

Respondent/defendant

Procedural Posture

Arbitration Claim / Application for Interim Anti Suit Injunction / Judgment on Application for Interim Anti Suit Injunction

Legal Issues

  1. 1 Proper construction of 'reciprocal enforcement procedures' in Clause 23.6 of Distributor Agreement
  2. 2 Existence of reciprocal enforcement procedures between UK and Lebanon
  3. 3 Engagement of arbitration agreement and entitlement to anti-suit injunction

Ratio Decidendi

The phrase 'reciprocal enforcement procedures between the United Kingdom and Lebanon' in Clause 23.6 requires a binding bilateral or multilateral treaty for enforcement of judgments; as no such treaty exists, the arbitration agreement is engaged and the Lebanese proceedings are in breach, entitling PECL to an anti-suit injunction.

Court Disposition

Application granted

Orders

  • Interim anti-suit injunction restraining Defendants from pursuing Lebanese proceedings or commencing further proceedings relating to the Distributor Agreement in any court or tribunal other than arbitration in accordance with Clause 23.6 or before English courts.